tipsfordraftiNGaNorderGraNtiNGsuMMarYJudGMeNt appellate Practice Section
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quote the court ’ s findings as directly as possible .
● Articulate how the cases upon which you relied support judgment as a matter of law and distinguish your opponent ’ s case law .
● Be sure to enter judgment in your favor — an order granting a motion for summary judgment is not a final order and does not actually enter judgment for you , it merely grants a motion .
● Consider running your order by an appellate attorney before submission . n
Appellate Law Section CLE theappellatelawsectionheldaCleonoctober13onthetopicofpostopinionmotionsavailableinthefloridaappellatecourts . thepresenter , Jared krukar , astaffattorneywiththeseconddistrictCourtofappeal , discussedthe proceduralrequirementsforthesemotions , highlightedhowthemotionsare processedbytheappellatecourts , andofferedtipsandtrickstohelp practitionersimprovetheirpost-opinionmotions .
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Any failure to strictly comply with the rules could lead to denial or reversal .
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If your opponent objected to the timing of the motion or requested more time to conduct discovery , it may be necessary to include a recitation of when the motion was filed and what discovery has been conducted in the case or mention the specific discovery that was sought . Explain why the court was correct to move forward on the motion .
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Anderson v . Liberty Lobby , Inc ., 477 U . S . 242 , 252 ( 1986 ); see also Celotex Corp . v . Catrett , 477 U . S . 317 ( 1986 ).
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See , e . g ., Advanta Ira Servs ., LLC v . FTE Props ., LLC , --- So . 3d --- , 2021 WL 4125785 ( Fla 2d DCA Sept . 10 , 2021 ) ( party ’ s affidavit did not create question of fact because affiant was not competent to testify on the subject and failed to show facts that were admissible .)
Author : Dorothy Venable DiFiore - Quintairos , Prieto , Wood & Boyer , P . A . j a n - f e b 2 0 2 2 | H C b a L a W Y e R
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